CFMEU, officials fined $247,000 for unlawful conduct

Federal Court judge describes the behaviour of three union officials as ‘threatening’ and ‘intended to intimidate’ as he hands down a significant penalty.

The CFMEU has been fined for unlawful conduct described as ‘thuggish’ by a judge. Picture: NewsWire / Brenton Edwards

The Construction, Forestry and Maritime Employees Union and three of its officials have been penalised $247,540 for unlawful conduct at the Yatala Labour Prison project in Adelaide, with a judge calling the behaviour “thuggish” and threatening.

The Federal Court penalties for the 2021 conduct followed legal action initiated by the now defunct Australian Building and Construction Commission. Following Labor’s abolition of the ABCC, the case transferred to the Fair Work Ombudsman.

The court imposed penalties of $213,840 against the CFMEU, $18,900 against Wyatt Raymount, $7200 against Travis Brook, and $7600 against Desmond Savage. Of the trio, only Mr Brook remains a CFMEU official.

The unlawful conduct included Mr Brook and Mr Raymount entering an exclusion zone and Mr Raymount making abusive statements and swearing at representatives of the site operator on two days in 2021.

Mr Savage took adverse action against a site safety manager by positioning himself in a threatening manner and stating to the manager words to the effect of: “The more you call your [ABCC] mates, the more I’ll come down on you.”

Justice Patrick O’Sullivan described the statements made by Mr Raymount as “direct, forceful and personal verbal abuse” and found that the entry by Mr Raymount and Mr Brook into the exclusion zone was “at best irresponsible and at worst demonstrates a complete disregard for not only the safety of Mr Raymount and Mr Brook, but also the safety of others who, I infer, are likely to have been distracted from their work because of the unauthorised and unexpected entry into the exclusion zone of others.”

Justice O’Sullivan found that Mr Savage had engaged in “physically threatening behaviour” that was “intended to intimidate” and could “only be described as thuggish”.

Fair Work Ombudsman Anna Booth. Picture: Paul Hermes

In regards to the CFMEU’s record, he said: “The union is a recidivist contravener and general deterrence is a significant factor. I consider a penalty in the high range is appropriate.”

The parties agree that the contravening conduct did not result in any stoppage of work at the site, nor any economic loss.

Fair Work Ombudsman Anna Booth said the court penalties affirmed the seriousness of breaching laws requiring permit holders to comply with the law.

“There is no place for threatening behaviour, adverse action or improper conduct by permit holders on any worksite,” Ms Booth said.

“Improving compliance across the building and construction industry is a priority for the Fair Work Ombudsman, and we will investigate reports of noncompliance and hold to account those who act outside the law.”

The Fair Work Ombudsman has secured penalties of more than $3m in court cases that have been finalised since they were transferred to it from the ABCC in December 2022.